What to do when you haven't met your super     obligations 

- you need to lodge a quarterly statement

If you haven't met your super obligations as an employer, you have to lodge a Superannuation guarantee charge statement - quarterly (this can be downloaded from the ATO website by searching for NAT 9599) and pay a superannuation guarantee charge to the ATO.You'll have to do this if you:



  • don't pay enough super contributions (at least 9% of ordinary time earnings) for your employee; or
  • don't pay super contributions by the quarterly cut-off date for payment, being 28 days after the end of the quarter; or
  • don't pay super to your employee's chosen super fund - this is called a choice liability.


The super guarantee charge is made up of the super guarantee shortfall amounts (including any choice liability), interest at 10% per annum, and an administration fee of $20 per employee per quarter.

Also the super guarantee charge is not tax deductible. Consequently it is always best to pay your super obligation on time.

The best way to calculate your obligation is to use the ATO's online Superannuation guarantee charge statement and calculator tool. You can also use it to prepare the super guarantee charge statement to be lodged with the ATO.

If you've paid a late contribution
If you pay a super contribution to a super fund after the cut-off date, you may be able to use this late payment as an offset to reduce the amount of super guarantee charge you pay. You must still lodge a Superannuation guarantee charge statement - quarterly and pay the balance of the super guarantee charge.

Director penalties
Company directors have a legal responsibility to ensure that their company meets its superannuation guarantee charge (SGC) obligations. The director of a company that fails to meet an SGC liability in full by the due date automatically becomes personally liable for a penalty equal to the unpaid amount.

With new penalties for directors who fail to comply with these obligations, it is critical that business owners understand and meet their obligations.

If you have any questions please contact your Goodwin Chivas & Co. representative.